§ 31-1-101. Title Definitions

As used in this title, unless the context otherwise requires: “Child” includes any individual, adopted or natural born, entitled to take as a child under this title by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote […]

§ 31-1-102. Effect of Divorce, Annulment, and Decree of Separation

A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the person is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife […]

§ 31-1-104. Descent of Homestead

Unless the homestead has been converted to cash by order of the court pursuant to § 30-2-209, and distributed outright and in fee, the homestead exempt in the possession of or belonging to each head of a family shall, upon that person’s death, any provision by will to the contrary notwithstanding, go to the surviving […]

§ 31-1-105. Fraudulent Conveyance to Defeat Share Voidable

Any conveyance made fraudulently to children or others, with an intent to defeat the surviving spouse of the surviving spouse’s distributive or elective share, is, at the election of the surviving spouse, includable in the decedent’s net estate under § 31-4-101(b), and voidable to the extent the other assets in the decedent’s net estate are […]

§ 31-1-106. Effect of Felonious and Intentional Killing of Decedent

For purposes of this section: “Disposition or appointment of property” includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument; “Felonious and intentional killing” or “feloniously and intentionally kills” includes the felonious and intentional act of conspiring with another to kill or procure the killing […]

§ 31-1-107. Federal Income Tax Refund or Soil Conservation Payments Due Deceased — to Whom Paid

In any case where the United States treasury department determines there exists an overpayment of federal income tax and the person in whose favor the overpayment is determined is dead at the time the overpayment of tax is to be refunded and where no administrator or executor has been appointed within sixty (60) days of […]

§ 31-1-108. Tenancies by the Entirety Unaffected

Nothing in this chapter shall be construed as abolishing tenancies by the entirety.